An employment agreement isn’t the most straightforward contract to amend. However, many times, renegotiating an employment contract becomes necessary for you. This need could be because the contractual terms no longer serve the parties’ intentions. Furthermore, it could also be because the conditions are now unfavorable to the employee.
Whether or not you can renegotiate your job contract often depends on the terms and nature of the agreement. That’s why it’s vital to consult an Albuquerque employment lawyer before signing an employment agreement. This is because an experienced lawyer can notice a deal that’ll be difficult to amend. Then, they can advise you on the right step to take.
Forms of Employment Contracts
An employment contract is an agreement that states the rights and duties of business owners and their employees. When many people think about employment contracts, they often picture long, difficult-to-understand documents. However, this isn’t the only form an employment contract can take.
The reality is that every employment relationship is based on an employment agreement. Furthermore, this contract can either be oral or written. Moreover, many businesses operate in the informal sector.
So, they don’t rely much on formal (written) contracts. However, a written agreement is best because it clearly states the terms of the working relationship. Unfortunately, though, it’s harder to amend a written contract than its oral equivalent.
Features of an Employment Agreement
Whatever form an employment contract takes, it must have these three characteristics.
- Offer: The employer usually offers a job to a person or the general public. The proposal often contains necessary details about the job. These crucial facts would include the job’s responsibilities and the remuneration.
- Acceptance: Here, someone accepts the business owner’s offer of a job. It’s at this point that both parties negotiate the contractual agreement.
- Consideration: The sealing of an employment contract is usually when the employer offers to pay the applicant a definite sum of money. This money is the consideration for the employee’s services.
After these conditions are satisfied, there now rests a crucial responsibility on the parties to the employment agreement. This responsibility is to ensure that they perform all their duties and obligations under the contract.
Can I Renegotiate an Employment Contract?
Yes, you can renegotiate your job agreement with your employer. There’s no contractual agreement that cannot be subject to an amendment. However, you can only renegotiate your contract with your employer’s consent. This requirement is because contracts are based on the agreement of both parties. Therefore, any subsequent amendment must stem from both parties’ agreement too.
Consequently, you cannot insist on changing your work agreement. You can only do this where your proposed amendment is your legal right. For instance, imagine that your employment contract waives your right to workers’ compensation insurance. In such a case, if you learn that you qualify for workers’ compensation in New Mexico, you can insist on eliminating that oppressive clause.
How Do I Renegotiate My Employment Agreement?
There are two ways you can change your employment contract. For instance, you could:
- Agree on an amendment with your employer
- Take part in a collective agreement
A collective agreement is one that a trade union or workers’ association negotiates. Therefore, whatever terms the union agrees upon with employers benefit all their members. Furthermore, it’s crucial to note that a contractual amendment need not be in writing.
Firstly, if the original contract was oral, you don’t need to document the amendment in writing. In addition, even if the original agreement was written, you can make minor amendments to it orally.
Can I Renegotiate My Employment Mid-Term?
Usually, you can renegotiate employment agreements at the end of the current contract. You can also amend the deal if you’re transitioning from temporary to full-time status. Therefore, renegotiating your contract before it runs its course will be challenging. This is because you still have unfulfilled responsibilities under the current agreement. However, if you have a go0d relationship with your boss, mid-term renegotiation isn’t impossible.
New Mexico Employment Attorneys Can Protect Your Rights!
Are you unsatisfied with your employment agreement? Do you want to renegotiate its terms in line with your career needs? If this is your desire, it should be great to know that it’s possible to amend that job contract. However, you’ll need knowledgeable Albuquerque employment attorneys to oversee this amendment. It isn’t compulsory to have a lawyer renegotiate your employment contract. However, it’s best to hire one.
This is because an experienced attorney understands the implication of various contractual terms and conditions. So, they can protect you from exploitation during the renegotiation process. Therefore, it’ll be best to talk to the experienced lawyers at FBD Law about your case. By calling us, you’ll be benefiting from multiple years of employment law practice.